beta
(영문) 부산지방법원 2018.05.30 2017나8897

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Summary of the assertion

A. If the Defendant loans KRW 10 million to the Plaintiff on a daily basis, the Plaintiff would pay KRW 100 million as revenue in one month. The Plaintiff, which the Plaintiff written, remitted KRW 10 million to the Defendant on the account number, and lent the said money to the Defendant.

B. Upon the request of Defendant C, the Defendant introduced to the Plaintiff that “C grants 10% profit per month when borrowing money in the form of investment, while selling merchandise coupons,” and stated D’s account. Accordingly, the Plaintiff lent KRW 10 million to D as the name of investment.

2. In full view of the purport of Gap evidence No. 1 and all the arguments as to the cause of the claim, if the defendant found in the Dong University Hospital where the plaintiff works as nursing personnel on November 27, 2015 and lent KRW 10 million to the plaintiff on November 27, 2015, he/she would have the defendant gain revenue of KRW 1 million per month.

“.” The Defendant and the Plaintiff stated the account number, amount, etc. in the name of D in the entry money table to an enterprise bank located in the above hospital, and then received the Plaintiff’s signature and seal and made the Plaintiff transfer of KRW 10 million from the Plaintiff’s account under the name of D from the Plaintiff’s name to the Plaintiff’s account, and the Plaintiff’s failure to know at all.

According to the above facts, it is reasonable to view that the Plaintiff used the D account designated by the Defendant on November 27, 2015 to lend KRW 10 million to the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff delay damages calculated at 15% per annum from May 16, 2017 to the day of full payment, which is the day following the day when the Plaintiff served on the Defendant a copy of the instant complaint claiming the payment of the said amount.

3. In conclusion, the plaintiff's claim of this case should be accepted for reasons.

The judgment of the first instance is just based on the conclusion, and the defendant's appeal is dismissed as it is without merit.